Robert P. Parker

Member

Robert P. Parker joined Rothwell Figg in February 2013, following 14 years as a partner in the Litigation Department of a global general practice firm headquartered in New York City. His practice has focused on complex civil matters involving technology, regulatory, and commercial issues. Mr. Parker has represented clients in intellectual property litigation in federal district courts and at the International Trade Commission (ITC) under Section 337. He also has litigated in state courts, in the Court of International Trade, and before the Federal Election Commission, the Federal Energy Regulatory Commission, the Federal Trade Commission, and the Federal Aviation Administration's Office of Dispute Resolution. He has represented clients in international (ICC) and domestic (AAA) arbitrations. An experienced appellate lawyer, Mr. Parker has represented clients before the U.S. Courts of Appeals for the Federal, District of Columbia, Second, Third, Fourth, Eighth, Ninth and Eleventh Circuits, and the District of Columbia Court of Appeals. In addition to representing some of the world's most established companies, Mr. Parker also represents start-up enterprises in a variety of commercial and litigation matters. He has been named a Washington, DC Super Lawyer in the area of IP litigation.

Mr. Parker has also played a leading role in prominent internal investigations for clients addressing accounting, regulatory, and compliance issues. He led an internal investigation into ethics and compliance practices at The Boeing Company, and he co-led investigations into accounting and governance at Fannie Mae and Xerox. He was a lead attorney for the "Rudman Commission," which in 1995 restructured the National Association of Securities Dealers and its relationship with the NASDAQ Stock Market.

Mr. Parker is a past president of the ITC Trial Lawyers Association, and he served as counsel to the chairman of the ITC from 1988-1991. He has lectured on legal matters in the United States, Europe, Asia and Australia, and has taught as an adjunct lecturer at Johns Hopkins University and the George Mason University Law School. In 2014 and 2015, he was a professorial lecturer at the George Washington University Law School. He has recently been appointed a Visiting Lecturer in the LL.M. program at Baylor University Law School.

Mr. Parker received his B.A. degree with university and departmental honors from Johns Hopkins University in 1981. He spent his senior year as an undergraduate studying at Johns Hopkins' School of Advanced International Studies and working at the International Affairs Division of the National Aeronautics and Space Administration. His admission to the Federal Circuit bar was on the motion of Circuit Judge Oscar Davis, for whom he was a law clerk in 1984-85.

As Vice Chair of the Federal Circuit Bar Association's Global Series Committee, Mr. Parker is active in the organization's international activities that bring judges, business and political leaders, and attorneys from around the world together for high-level discussions on common international economic concerns.

Mr. Parker served for over 10 years on the board of the National Council for Adoption, and as chairman of the NCFA from 2003-05 helped to manage the organization's transition following the death of its founder. He also served on the board of Ohev Sholom – The National Synagogue in Washington, D.C. Currently, he is an adviser to the Committee of Concerned Scientists, an organization formed by prominent leaders in the U.S. scientific and academic communities to advocate on behalf of persecuted colleagues around the world.

Mr. Parker has participated in a number of pro bono matters, as lead attorney and as a supervisor of junior lawyers. He has represented disabled individuals in lawsuits against the federal government under the Rehabilitation Act, including Jeffrey Glassman v. Hillary Clinton, and Lynch v. Bennett, 665 F.Supp. 62 (D.D.C. 1987). He also was counsel of record on amicus briefs filed with the U.S. Supreme Court in San Remo Hotel, L.P. v. City and County of San Francisco, 525 U.S. 323 (2005), and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006). Chief Justice Rehnquist's concurrence in San Remo Hotel called particular attention to the brief filed by Mr. Parker and his colleagues.

He is one of the attorneys representing Agudas Chasidei Chabad in its litigation against the Russian Federation to secure the return of the organization's library and archives, which were stolen by Soviet authorities soon after the Russian Revolution and following World War II.

Relevant Experience

Significant matters in which Mr. Parker has been a lead counsel include:

Successfully represented Nichia Corporation in the Eastern District of Texas, the Northern District of California, and the International Trade Commission in proceedings involving LEDs and laser diodes. Prevailed at trial on validity and infringement of three Nichia LED patents.

Represented Dentsply in an ITC Section 337 proceeding involving materials used in dental applications. The proceeding settled favorably to Dentsply.

Represented Doosan Infracore and related entities in matters arising from their $4.9 billion acquisition of the Bobcat® construction equipment and other businesses; successfully resolved a nine-figure purchase-price adjustment claim in a proceeding before an accounting expert and in New York state court litigation. Represented Doosan's interests in litigation brought by the government of Iraq involving the U.N.'s oil-for-food program; prevailed on all issues.

Defended DVD Format/Logo Licensing Corp. before the Trademark Trial and Appeals Board and in federal district court in connection with Lanham Act, antitrust, and unfair competition claims concerning the familiar DVD logo and the specifications for the standard DVD formats. The district court claims were dismissed, and plaintiff withdrew its appeal to the Ninth Circuit. The TTAB dismissed most of the challenger's claims, and challenger withdrew. Represents DVD FLLC in licensing and customs matters. Drafted the form of the DVD Format-Logo Licensing agreement in use since 2000.

On behalf of Hitachi Metals (formerly NEOMAX/Sumitomo Special Metals), filed the first ITC Section 337 proceeding brought by a Japanese company, securing a general exclusion order regarding rare-earth magnets; successfully defended a collateral challenge to the ITC order, and through a series of lawsuits, established a unique enforcement network.

Represented a major Japanese firm in domestic and international arbitrations involving licensing and construction contracts in the power industry. Client prevailed in each case.

Represented a U.S. company in an FTC proceeding involving "Made in U.S.A." claim. Settled favorably for client.

Represented NEC Corporation at trial and on appeal in a lawsuit asserting a violation of NEC's due process rights in a Commerce Department antidumping investigation; also represented NEC in several matters relating to an antidumping order involving televisions, resulting in a multi-million dollar refund of duties; represented NEC's interests in the AMD v. Intel antitrust lawsuit.

Represented Wilcox Electric (now a subsidiary of Thomson - CSF) in the first case brought under the Federal Aviation Administration's alternative dispute resolution program, and an appeal of the FAA's decision in the Eighth Circuit.

Advised a U.S. company in an investigation by the U.S. Department of Commerce and Federal Bureau of Investigation regarding exportation of marine motors. FBI commended the company for its handling of the situation.

Successfully defended Campaign for America on a complaint filed before the Federal Election Commission. The Commission, by a 3-3 vote, rejected a complaint filed by a U.S. senator.

Represented the California Public Utilities Commission at a trial before a Federal Energy Regulatory Commission ALJ concerning contracts executed following the bankruptcy of Pacific Gas and Electric. The case, following trial, settled as part of a global CPUC-PGE agreement.

Advised a major Asian company in connection with the termination of a long-standing license agreement; the matter was resolved without litigation through a unique "technology audit."

Represented SES Americom (now SES-New Skies) in litigation stemming from a corporate acquisition; the Fourth Circuit affirmed the district court's summary judgement in favor of SES.

Represented Carnival Corporation in a decade-long dispute with the U.S. government over harbor maintenance fees assessed on cruise lines. Resulted in a partial victory for Carnival.

Areas of Concentration

Publications & Presentations

Lectured on legal matters in the United States, Europe, Asia, Australia and New Zealand.

Lectured throughout Europe on behalf of U.S. trade and economic policies at the request of the U.S. State Department.

Published in the Wall Street Journal, Washington Post, Journal of World Trade Law, North Carolina Journal of International Law & Commercial Regulation, St. Louis University Law Review, and other publications.

Adjunct lecturer at Johns Hopkins University, the George Mason University Law School, and the George Washington University Law School.